FRESNO - An incident with a butcher knife has led to a lawsuit against the Fresno County Sheriff's Department.
Eric Martinez Felix filed a federal complaint on September 22 in the Eastern District of California against the City of Fresno, County of Fresno, Fresno County Sheriff's Department, Sheriff Evan Michael Leona, Sheriff Jeffrey N. Morse, Sheriff Jacob Robert Woesner and Does 1-10 for unlawful detention, arrest without probable cause, false imprisonment, malicious protection, intentional infliction of emotional distress, negligence, failure to properly screen and hire, failure to supervise and discipline, failure to properly train, Monell liability for a pattern of false arrest, violation of California Civil Code 52.1 and permanent injunction and other equitable relief.
According to the complaint, on July 6, 2020, Felix was at his place of residence when his neighbor, Kevin Pope, pulled out a butcher knife on him after having a verbal altercation. Felix's then fiance, Margarita Reyes, called 911 for help and sheriffs Leona, Morse and Woesner were dispatched and arrived at the scene.
Reyes told them about the altercation between the two men, at which time, the sheriffs allegedly deliberately disregarded and violated Felix's rights by questioning him and asking to search him. Felix declined, Leona allegedly ordered Morse and Woesner to use unwarranted and excessive force and officers took Felix into custody where he sustained physical and psychological injuries as a result from being punched and tased, the suit claims.
Backup was dispatched to assist and witnesses filmed the incident, the suit says.
Felix seeks compensatory general and special damages, exemplary damages, cost of suit and attorney's fees. Felix is represented by Steven D. Baric of Sweet James, LLP.
U.S. District Court in and for the Eastern District of California case number 1:21-cv-01417-DAD-SKO